5 California opinions name it 2 courts 1963–2023 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Brooks v. American Broadcasting Co.green2 sentences2023The court could impliedly and reasonably conclude that, given the Jareckis failed to prove this dispositive fact for the wall claim and the RFAs did not relate to the marker claim, the trespass-related RFAs would not “have altered the results in the case.” (Brooks, supra, 179 Cal.App.3d at p. 509 ; compare id. at pp. 511–512 [where truck driver’s position was that accident with bus occurred because he had to swerve to miss it, RFA regarding whether truck was in its own lane was “dispositive of a central issue” and trial court was within discretion to find it was of substantial importance].) As 2023The court could impliedly and reasonably conclude that, given the Jareckis failed to prove this dispositive fact for the wall claim and the RFAs did not relate to the marker claim, the trespass-related RFAs would not “have altered the results in the case.” (Brooks, supra, 179 Cal.App.3d at p. 509 ; compare id. at pp. 511–512 [where truck driver’s position was that accident with bus occurred because he had to swerve to miss it, RFA regarding whether truck was in its own lane was “dispositive of a central issue” and trial court was within discretion to find it was of substantial importance].) As | 1 | 1 |
People v. Carringtongreen2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 1 |
People v. Lintongreen2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 1 |
People v. Maurygreen2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 1 |
People v. Williamsgreen2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 1 |
People v. Hensleygreen2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 1 |
People v. Hollowaygreen2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McWhorter
green
2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 2017–2017 |
People v. Boyde
green
2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 2017–2017 |
People v. Williams
green
2 sentences2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa 2017Analysis "Both the state and federal Constitutions bar the prosecution from introducing a defendant's involuntary confession into evidence at trial." ( People v. Linton (2013) 56 Cal.4th 1146 , 1176, 158 Cal.Rptr.3d 521 , 302 P.3d 927 ( Linton ).) A confession is involuntary if the " ' "influences brought to bear upon the accused were 'such as to overbear petitioner's will to resist and bring about confessions not freely self-determined.' " ' " ( People v. Maury (2003) 30 Cal.4th 342 , 404, 133 Cal.Rptr.2d 561 , 68 P.3d 1 ( Maury ).) "A confession may be found involuntary if extracted by threa | 1 | 2017–2017 |
People v. Bolden
green
1 sentence2016Kelly Defendant claims that the trial court prejudicially erred in overruling his objection under Kelly to the CSAAS testimony. 14 “In People v. Kelly (1976) 17 Cal.3d 24 (Kelly), [the California Supreme Court] held that evidence obtained through a new scientific technique may be admitted only after its reliability has been established under a three-pronged test.” (People v. Bolden (2002) 29 Cal.4th 515, 544 .) “Kelly/Frye only applies to that limited class of expert testimony which is based, in whole or part, on a technique, process, or theory which is new to science and, even more so, the la | 1 | 2016–2016 |
People v. Stoll
green
1 sentence2016Kelly Defendant claims that the trial court prejudicially erred in overruling his objection under Kelly to the CSAAS testimony. 14 “In People v. Kelly (1976) 17 Cal.3d 24 (Kelly), [the California Supreme Court] held that evidence obtained through a new scientific technique may be admitted only after its reliability has been established under a three-pronged test.” (People v. Bolden (2002) 29 Cal.4th 515, 544 .) “Kelly/Frye only applies to that limited class of expert testimony which is based, in whole or part, on a technique, process, or theory which is new to science and, even more so, the la | 1 | 2016–2016 |
People v. Kelly
red
1 sentence2016Kelly Defendant claims that the trial court prejudicially erred in overruling his objection under Kelly to the CSAAS testimony. 14 “In People v. Kelly (1976) 17 Cal.3d 24 (Kelly), [the California Supreme Court] held that evidence obtained through a new scientific technique may be admitted only after its reliability has been established under a three-pronged test.” (People v. Bolden (2002) 29 Cal.4th 515, 544 .) “Kelly/Frye only applies to that limited class of expert testimony which is based, in whole or part, on a technique, process, or theory which is new to science and, even more so, the la | 1 | 2016–2016 |
Johnson v. Hamilton
green
1 sentence1990(Johnson v. Hamilton, supra, 15 Cal. 3d at p. 472 .) Intertwined with Wall’s challenge to the residency requirement for traffic trial commissioners is a challenge to the requirement for municipal court judges. | 1 | 1990–1990 |
Eagle Oil & Refining Co. v. Prentice
green
1 sentence1963Co. v. Prentice, supra, 19 Cal.2d 553 , that “it is not necessary that the averments be rigidly restricted to evidentiary matter.” (P. 561.) We are satisfied that the following facts *474 within the knowledge of the affiant Saporta and to which he is competent to testify, are set out with sufficient particularity, to wit: that Dolman told him the house and certain supports were “‘termite proof' that Dolman was present, and presumably said nothing, when Weber told affiant the house “was ‘built like a battleship’ Dolman’s statement to affiant that the additional test holes recommended by Rose Ex | 1 | 1963–1963 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.